CENSUS AND STATISTICS ORDINANCE

CENSUS AND STATISTICS ORDINANCE

LAWS OF HONG KONG

CENSUS AND STATISTICS ORDINANCE

CHAPTER 316

REVISED EDITION 1978

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 316

CENSUS AND STATISTICS ORDINANCE

ARRANGEMENT OF SECTIONS

Section page

PART 1

PRELIMINARY

1...........Short title ....................... ... ... ... ... ... ... ... ... 2
2...........Interpretation .................... ... ... ... ... ... ... ... ... ... 2

3.........................Commissioner for Census and Statistics ... ... ... ... ... ... ... 3

4..................Functions of Commissioner ... 3

5. Temporary employment of persons as census officers ... ... ... ... ... 3

6................Declaration of secrecy ....... ... ... ... ... ... ... ... ... ... ... 3

7....................Identification of census officers ... ... ... ... ... ... ... ... ... 3
8....................Power of Governor to give directions ... ... ... ... ... ... ... 4

PART II

CENSUS OF POPULATION

9. Power to direct census of population to be taken ... ... ... ... ... 4

10...........................Enumeration of armed forces and travellers ... ... ... ... ... ... 5

PART III

STATISTICAL SURVEYS

11. Power to direct statistical surveys ... ... ... ... ... ... ... ... ... 5

PART IV

DELIVERY Aim COMPLETION OF SCHEDULES

12..............Delivery of schedules ......... ... ... ... ... ... ... ... ... ... 5

13.....................Completion and return of schedules ... ... ... ... ... ... ... ... 6

14..........................Questions by census officers to be answered ... ... ... ... ... ... 8

PART V

GENERAL

15...........................Duty of occupiers to grant access to premises ... ... ... ... ... ... 8

16......................False entries in schedules or returns ... ... ... ... ... ... ... ... 8

17..................Obstructing census officers ... ... ... ... ... ... ... ... ... ... 8

18. Impersonation of census officers, etc. ... ... ... ... ... ... ... ... 8

19..................Offences by census officers ... ... ... ... ... ... ... ... ... ... 9

20................Custody of documents ......... ... ... ... ... ... ... ... ... ... 9







21. Offence to publish information knowingly received in contravention of

Ordinance ................................ ... ... ... ... ... ... 9

22.........................Restriction on publication and disclosure ... ... ... ... ... ... ... 9

23.........Penalties ........................... ... 10

24......................................Consent of Attorney General required for prosecution of offences ... 10

25...........................................Information obtained by statistical inquiry not admissible in evidence to
26. Regulations 11

27..................Amendment of Schedule ...... ... ... ... ... ... ... ... ... ... 11
28..................Repeal and transitional .... ... ... ... ... ... ... ... ... ... 11
Schedule 12





CHAPTER 316

CENSUS AND STATISTICS

To provide for the taking of a census of population and the collection,
compilation and publication of statistical information concerning
Hong Kong and for matters connected therewith; and to repeal the
Census Ordinance.

[26th May, 1978.]

PART 1

]PRELIMINARY

1. This Ordinance may be cited as the Census and Statistics
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'census office?' means

(a) the Commissioner;

(b)any person employed or whose services are used under
section 5;

'census of population' means a census of population taken under
section 9;

'Commissioner' means the Commissioner for Census and Statistics
appointed under section 3;

'functions' includes powers and duties;

occupier in relation to any premises, includes any person in charge or
command thereof and, where such person is a corporation, any
director, secretary, manager or other person concerned in the
management of the corporation or actually in charge of the
premises on behalf of the corporation;

'premises' includes

(a) any land;

(b)any building or other structure, whether permanent or
temporary;

(c)any part of any premises which is used as a dwelling or place
of business or other activity separately from any other part;

(d) any vessel, train, aircraft or vehicle;

'samplaing' means a statistical procedure by which information relating
to a whole field of inquiry is derived by applying statistical
techniques to information obtained in respect of a proportion of
the total number of persons concerned in the relevant field of
inquiry;

'schedule' means any form or other document issued by the
Commissioner for collecting statistical information in any statistical
inquiry;





'specified person', in relation to any statistical inquiry, means a person
of a class or description of persons specified for the purpose of
such inquiry in an order under section 9(2)(a)(iii) or section
11(2)(a)(iii);

'statistical inquiry' means-

(a) a census of population;

(b) a survey,

'survey' means a statistical survey carried out under section 11;

'undertaking' means any undertaking whether by way of trade or
business or otherwise

3. (1) There shall be a Commissioner for Census and Statistics who
shall be appointed by the Governor.

(2) Any person holding or acting in the public office of
Commissioner for Census and Statistics immediately before the
commencement of this Ordinance shall continue to hold or to act in such
office, as the case may be, as if appointed under this section.

4. Subject to this Ordinance, the functions of the Commissioner are

(a)to make such arrangements and to do all such things as are
necessary for the taking of any census of population or the
carrying out of any survey;

(b)to collect, compile, analyse, abstract and publish statistical
information relating to the commercial, industrial, financial,
social, economic and general activities and condition of the
people,

and for those purposes to design and use such schedules as he thinks
fit and to lay down the instructions and procedures necessary for the
proper distribution, completion and return thereof.

5. (1) The Commissioner may employ temporarily, whether for
payment or otherwise, such number of persons to be census officers as
may appear to him to be necessary for the purpose of carrying out any
statistical inquiry.

(2) The Commissioner may, with the approval of the Secretary for
the Civil Service, use the services of any public officer for the purposes
of any statistical inquiry.

(3) The duties of a person employed under subsection (1) or whose
services are used under subsection (2) shall be such as the
Commissioner may determine.

6. Every census officer shall, before entering upon his duties,
complete a declaration either in Form 1 or Form 2 in the Schedule.

7. (1) The Commissioner shall issue to every census officer who is
engaged in a statistical inquiry a certificate specifying the





nature of the inquiry and stating that the person named therein is
authorized to act as a census officer for the purpose of that inquiry; and
a census officer shall produce such certificate for inspection by any
person who may question his authority to exercise any function
conferred on a census officer by this Ordinance.

(2) A certificate purporting to be issued under subsection (1) by the
Commissioner shall be admissible in evidence in any civil or criminal
proceedings and shall, until the contrary is proved, be sufficient
evidence of the facts stated therein.

(3) In addition to the issue of a certificate under subsection (1), the
Commissioner may issue to census officers such insignia, arm bands or
other tokens as he may consider necessary for the purpose of
identification.

8. (1) The Governor may give to the Commissioner or any other
public officer such directions as he thinks fit with respect to the
exercise or performance of his functions under this Ordinance, and such
directions may be given generally or in respect of any particular case.

(2) A person to whom a direction is given by the Governor under
subsection (1) shall, in the exercise or performance of his functions
under this Ordinance, comply with that direction.

PART II

CENSUS OF POPULATION

9. (1) The Governor in Council may, by order in the Gazette, direct
that a census of population be taken for Hong Kong or any part thereof.

(2) Any order made under subsection (1) in respect of a census of
population

(a) shall specify-

(i) the purpose for which the census is required;

(ii) the persons, premises, establishments or other matters,
in respect of which particulars for the purpose of the census
are to be obtained;

(iii) the class or description of persons who are required to
give information for the purpose of the census;

(iv) the date or dates on which or the period in respect of
which the census is to be taken;

(v) the date by which all completed schedules collected or
received by census officers for the census and all copies
thereof shall be destroyed; and

(b)may authorize the use of sampling methods for the collection
of information relevant to the census.





10. The Commissioner may, in such manner as he thinks fit,

obtain such particulars as may be required for the purposes of any
census of population regarding

(a)any naval, military or air force personnel for the time being in
Hong Kong whether engaged in the Armed Forces of the
Crown or in the armed forces of any foreign power; and

(b)any persons who, at the time of the taking of the census, are
travelling or are on board any vessel or for any reason are not
residing in any premises of which account is to be taken in the
census.

PART III

STATISTICAL SURVEYS

11. (1) The Governor in Council may, by order in the Gazette, direct
that a statistical survey be carried out in relation to any matter specified
in section 4(b) other than a census of population.

(2) An order made under subsection (1)-

(a) shall specify-

(i) the purposes for which the survey is required;

(ii) the persons in respect of whom or matters in respect of
which information is to be given for such purposes;

(iii) the class or description of persons who are required to
give information for such purposes;

(iv) the date by which all completed schedules collected or
received by census officers for the survey and all copies
thereof shall be destroyed; and

(b) may-

(i) specify the date or dates on which or the period in
respect of which the survey is to be carried out;

(ii) require any specified person to furnish to the
Cornmissioner, in such form and manner and within such time
as may be specified in the order, such estimates or returns as
may be so specified relating to the matters which are the
subject of the survey;

(iii) authorize the use of sampling methods for the collection
of the statistical information relevant to the survey.

PART IV

DELIVERY AND COMPLETION OF SCHEDULES

12. (1) For the purpose of carrying out a statistical inquiry, the
Commissioner may direct any census officer to deliver, in





accordance with such direction, to any specified person one 01 more
schedules for completion by such person.

(2) For the purpose of taking a census of population, the
Commissioner may direct any census officer to deliver or cause to be
delivered to the person in charge of any of the following premises

(a)any public or private institution of any kind whatsoever in
which inmates reside, whether for payment or otherwise,
including any penal, corrective or remand establishment; or

(b)any hotel, boarding house, lodging-house, club or other
residential establishment,

a schedule to be completed by that person in respect of the persons
who, at the time of taking the census, are in or upon such premises.

(3) Delivery under subsection (1) of a schedule to a specified
person may be effected

(a) personally by a census officer;

(b)by being sent by post to the last known postal address of
such specified person;

(c)by being left by a census officer at his last known residential
address or at any undertaking of such specified person, or in
the case of a corporation, at its registered office or principal
place of business.

(4) For the purpose of providing information for specified persons
generally in relation to a statistical inquiry, including the instructions
and procedures laid down under section 4 for the completion of
schedules, the Commissioner may give such publicity to the inquiry by
means of advertisements or otherwise as he may deem fit.

13. (1) Any person (not being a person to whom subsection (2)
applies) to whom a schedule relating to a statistical inquiry is delivered
under section. 12 shall complete it or cause it to be completed to the best
of his knowledge and belief by providing the information specified, in
the manner and within the time indicated, in such schedule and shall
thereafter return it in the manner and within the time specified therein.

(2) If any person to whom a schedule is delivered under section 12
is unable either himself to complete it in the manner or within the time
indicated therein, or to cause some other person so to complete it, he
shall return the schedule in the manner and within the time specified
therein and shall declare, either verbally or in writing, his inability to
complete the schedule and the reasons for such inability.

(3) Notwithstanding anything contained in subsection (1) or (2),
any census officer charged with the delivery of any schedule for





completion by any person for the purpose of any statistical inquiry may
either at the request of such person or of his own motion, obtain
verbally from such person the particulars required for completion of the
schedule and complete the schedule in the manner required.

(4) Where any specified person is-

(a) resident outside Hong Kong;

(b) a corporation incorporated outside Hong Kong;

(c)unable to complete a schedule by reason of sickness, absence
or other sufficient cause,

the delivery of a schedule to the premises of any such specified person
shall, for the purposes of this section, be a sufficient requirement to any
manager or agent of the specified person, who is in possession of or has
access to the information required therefor, to complete the schedule and
to return it in the manner directed therein.

(5) Where reasonable grounds exist for believing that any specified
person has withheld or incorrectly given any information in his
possession which, in the opinion of the Commissioner, is required for the
purpose of the completion by such specified person of any schedule,
and the Commissioner so directs, a census officer may, at any reasonable
time and on production of the certificate issued to him under section 7
for examination by any person requiring evidence of his identity, enter
any premises occupied by such specified person and may therein

(a)deliver or collect any schedule or make any inquiries
necessary for the completion or checking thereof ;

(b)inspect, extract information from or make copies of any
document for the purpose of completing any schedule;

(c)check any information obtained or obtain any further
information required in respect of any statistical inquiry,

and may, in the light of any information so obtained, complete any
schedule or add to or delete from any schedule any name or particular or
otherwise correct any material particular therein:

Provided that the powers conferred by this subsection shall not be
exercisable in relation to any statistical inquiry except

(i)where a date is or dates are specified in the order relating to
that statistical inquiry under section 9(2)(a)(iv) or, as the case
may be, section 11(2)(b)(i), within 2 months after that date or
the later of those dates; or

(ii) where a period is so specified, within that period and the period
of 12 months next thereafter.

(6) Any person who contravenes subsection (1) or (2) commits an
offence.





14. (1) Every person, whether or not he is a specified person, in
possession of information required to be given for the completion of a
schedule shall, to the best of his knowledge and belief, answer any
question put to him by a census officer which is necessary for the
completion of the schedule.

(2) Any person who contravenes subsection (1) commits an
offence.

PART V

GENERAL

15. (1) The occupier of any premises shall permit any census officer
seeking access to the premises in accordance with section 13 to enter
the premises for the purpose of the exercise of any of his functions
under that section.

(2) The occupier of any premises shall, upon the request of a
census officer, permit such officer to paint or mark on or affix to such
premises any letters, marks, numbers or other means of identification
which appear to the Commissioner to be necessary for the purpose of
carrying out a statistical inquiry.

(3) Any person who-

(a)refuses or fails to comply with any request made to him by a
census officer under subsection (1) or (2); or

(b)before the expiration of a period of 2 months from the date on
which any letter, mark, number or other means of identification
is painted or marked or affixed by a census officer under
subsection (2), removes or obliterates or alters such letter,
mark, number or other means of identification without the
permission of a census officer,

commits an offence.

16. Any person who enters or causes to be entered in any schedule
or return required to be completed or made by him under this Ordinance
any particular which he knows to be false or which he does not believe
to be true commits an offence.

17. Any person who obstructs any census officer acting in the
course of his duty under this Ordinance commits an offence.

l& Any person who-

(a)with the intention of obtaining any information from any
person, impersonates a census officer; or

(b)without lawful excuse, has in his possession any document
purporting to be a certificate issued under section 7(1) or
any insignia, arm band or other taken issued under section
7(3) or any insignia, arm band or token so nearly resembling
any such insignia, arm band or other token as to be likely
to deceive,
commits an offence.





19. Any census officer and any person engaged in the preparation
of any schedule, return, abstract, report or other document in connexion
with any statistical inquiry who

(a)without reasonable cause, refuses or neglects to comply with
any lawful instruction issued to him by the Commissioner;

(b)in the pretended performance of his duties under this
Ordinance, obtains or seeks to obtain any information which
he is not authorized to obtain; or

(c)knowingly makes any false return or alters any particular
contained in any such schedule, return, abstract, report or
other document with intent to falsify the same,

commits an offence.

20. Any person having the custody, whether on his own behalf or
on behalf of any other person, of

(a)any schedule completed or return made under this Ordin-, or

(b)any abstract, report or other document containing particulars
(other than particulars to which section 22(2) applies) obtained
in the course of any statistical inquiry which enable
identification of any individual or undertaking,

who fails to keep such schedule, return, abstract, report or other
document at all times in a manner reasonably calculated to prevent any
unauthorized person having access thereto commits an offence.

21. Any person who publishes or communicates any information
which to his knowledge has been disclosed in contravention of this
Ordinance to any other person commits an offence.

22. (1) Subject to subsections (2) and (3), any person who
publishes or shows to any person otherwise than in the performance of
any function under this Ordinance

(a)any schedule or other document or part thereof completed or
any return or part thereof made for any of the purposes of this
Ordinance;

(b)any answer given to any question put for any of the purposes
of this Ordinance; or

(c)any particulars obtained in the course of any statistical inquiry
which enable identification of an individual or undertaking,

commits an offence.

(2) Notwithstanding subsection (1), it shall not be an offence to
publish or show to any person any particulars referred to in subsection
(1)(c) which





(a)enable identification of an undertaking by reason only of the
fact that they relate to that undertaking as being within a
particular classification but do not enable identification of the
capital employed or profits arising in such undertaking;

(b)disclose in any directory of undertakings or otherwise any or
any combination of the following particulars, namely, the
name, the address, the type of business or the number of
employees of any undertaking.

(3) Nothing in this section shall be taken to prohibit-

(a)the publication by the Commissioner of any statistical
information in the form of abstracts, printed publications, press
releases or otherwise as he may deem fit:

Provided that in compiling any report, summary or
communication to the public of information obtained under this
Ordinance, the Commissioner shall so arrange it as to prevent
any particulars published therein (other than particulars to
which subsection (2) applies) from being identified as
particulars relating to any particular individual or undertaking
except with the previous consent in writing of the individual or,
as the case may be, of the person carrying on the undertaking;

(b)the production of such evidence as may be necessary for the
purpose of any proceedings instituted for an offence against
this Ordinance.

(4) The Commissioner shall not be required to disclose any
information obtained in the course of or as a result of any statistical
inquiry to or for inspection by or for the use of any other authority for
the purpose of or in connexion with the investigation of crime or the
assessment or levying of any tax.

23. (1) Any person who commits an offence under section 13, 14, 15
or 19(a) is liable to a fine of $500.

(2) Any person who commits an offence under section 16, 17, 18,
19(b) or (c), 20, 21 or 22 is liable to a fine of $5,000 and to imprisonment
for 6 months.

24. No prosecution for an offence against this Ordinance shall be
commenced without the written consent of the Attorney General.

25. No census officer nor any other person shall be required in any
civil or criminal proceedings whatsoever to give in evidence any
information relating to particulars concerning any person, institution or
undertaking obtained by him in the course of and as a result of his
connexion with any statistical inquiry or with the





preparation of any schedule, return, abstract, report or other document
compiled in connexion with such inquiry; and no schedule completed or
return made under this Ordinance, nor any abstract, report or other
document (other than an obstract, report or other document published in
accordance with section 22) which contains particulars relating to any
individual, institution or undertaking obtained in the course of and as a
result of any statistical inquiry, shall be admissible in evidence in any
such proceedings:

Provided that nothing in this section shall be taken to prohibit the
production of such evidence as may be necessary for the purpose of any
proceedings instituted for an offence against this Ordinance.

26. (1) The Governor in Council may by regulations provide for the
better carrying out of the provisions of this Ordinance.

(2) Regulations made under this section may provide that a
contravention of any specified provision of such regulations shall be an
offence and may prescribe penalties therefor not exceeding a fine of
51,000.

27. The Governor may, by order in the Gazette, amend the
Schedule.

28. (1) The Census Ordinance is repealed.

(2) This Ordinance shall apply in relation to information obtained in
the course of a census taken under the Census Ordinance as it applies in
relation to information obtained in the course of a statistical inquiry
carried out under this Ordinance.

(3) Any census directed to be taken under the Census Ordinance
which is not completed prior to the commencement of this Ordinance
may be continued and completed in all respects after the commencement
of this Ordinance as if it had been directed to be carried out by an order
under section 11.

SCHEDULE [ss. 6 and 27.]

Declaration to be completed by Census Officers

FORM 1

. .....................do solemnly and sincerely

declare that I will carry out my duty as a census officer to the best of my
ability and will faithfully record on any schedule completed by me on behalf
of any person all particulars reported to me by such person and will deliver
such schedule to my superior officer and will not otherwise disclose to any
person, except a person authorized to receive it, any information of which
I have become aware in the course of my duty as a census officer.

(Signed) ................................................

Date ......................................................
1978 ed cap 316 12 Originally 38 of 1978. Short title. Interpretation. Commissioner for Census and Statistics. Functions of Commissioner. Temporary employment of persons as census officers. Declaration of secrecy. Schedule. Identification of census officers. Power of Governor to give directions. Power to direct census of population to be taken. Enumeration of armed forces and travellers. Power to direct statistical surveys. Delivery of schedules. Completion and return of schedules. Questions by census officers to be answered. Duty of occupiers to grant access to premises. False entries in schedules or returns. Obstructing census officers. Impersonation of census officers, etc. Offences by census officers. Custody of documents. Offence to publish information knowingly received in contravention of Ordinance. Restriction on publication and disclosure. Penalties. Consent of Attorney General required for prosecution of offences. Information obtained by statistical inquiry not admissible in evidence. Regulations. Amendment of Schedule. Repeal and transitional. (Cap. 316, 1964 Ed.)

Originally 38 of 1978. Short title. Interpretation. Commissioner for Census and Statistics. Functions of Commissioner. Temporary employment of persons as census officers. Declaration of secrecy. Schedule. Identification of census officers. Power of Governor to give directions. Power to direct census of population to be taken. Enumeration of armed forces and travellers. Power to direct statistical surveys. Delivery of schedules. Completion and return of schedules. Questions by census officers to be answered. Duty of occupiers to grant access to premises. False entries in schedules or returns. Obstructing census officers. Impersonation of census officers, etc. Offences by census officers. Custody of documents. Offence to publish information knowingly received in contravention of Ordinance. Restriction on publication and disclosure. Penalties. Consent of Attorney General required for prosecution of offences. Information obtained by statistical inquiry not admissible in evidence. Regulations. Amendment of Schedule. Repeal and transitional. (Cap. 316, 1964 Ed.)

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